Texas Bill: 2nd Amendment is “Inviolate,” Criminal Charges for Feds who Violate it

Texas Bill: 2nd Amendment is “Inviolate,” Criminal Charges for Feds who Violate it

Introduced in Texas today, House Bill 553 (HB553), is the Second Amendment Preservation Act.

The bill reaffirms the 2nd Amendment, as intended, and would nullify potentially anything from the federal government that contravenes in the State of Texas. It reads, in part:

all federal acts, laws, executive orders, agency orders, and rules or regulations of all kinds with the purpose, intent, or effect of confiscating any firearm, banning any firearm, limiting the size of a magazine for any firearm, imposing any limit on the ammunition that may be purchased for any firearm, taxing any firearm or ammunition therefore, or requiring the registration of any firearm or ammunition therefore, infringes upon Texans’ right to bear arms in direct violation of the Second Amendment to the Constitution of the United States, and therefore, any such law is not made in pursuance of the Constitution, is not authorized by the Constitution, and thus, is not the supreme law of the land, and consequently, is invalid in this State and shall be further considered null and void and of no effect in this State.

The bill goes further than just affirmation of the 2nd Amendment. It requires compliance by by state and federal agents.

A person who is a public servant commits an offense if the person, while acting under color of the person’s office or employment, intentionally enforces or attempts to enforce any acts, laws, executive orders, agency orders, rules or regulations of any kind whatsoever of the United States government relating to confiscating any firearm, banning any firearm, limiting the size of a magazine for any firearm, imposing any limit on the ammunition that may be purchased for any firearm, taxing any firearm or ammunition therefore, or requiring the registration of any firearm or ammunition therefore.

The legislation specifies that the new law would apply not just to state employees, but federal ones as well.

”Public servant,” includes an officer, employee, or agent of the United States; a branch, department, or agency of the United States; another person acting under a contract with a branch, department, or agency of the United States to provide a law enforcement or security service; or any other person acting under color of federal law.

HB553 also provides for criminal penalties for a violation of the 2nd Amendment in the State of Texas

An offense under Subsection (b) is a Class A misdemeanor punishable by confinement for a term not to exceed one year, a fine of not more than $10,000, or both the confinement and the fine.

LEGISLATION AND TRACKING

If you would like to see model legislation to introduce in your state to nullify federal firearm laws, please see The Tenth Amendment Center’s Model Legislation: The 2nd Amendment Preservation Act.

Track the status of 2nd Amendment preservation legislation in states around the country HERE

If you are a Texas resident and have concerns about the federal government banning firearms, firearm accessories, or ammunition and would like to see this get assigned to a committee and be up for debate on the house floor, please contact your Representative at this link.

After what the Federal Government did in Waco back in 94, murdering all those people, the State of Texas needed to put a muzzle on the Federal Government and its’ ruthless treatment of people under its’ pretense of gun control! They should have done this a long time ago, and other states needs to do the same thing!Michael– Deo Vindicabamur

@MikeLamb1 Are we just sitting or working or whatever while this stuff is happening all around us? It seems out of control.

January 23, 2013 at 8:29 am

MikeLamb1

@rick abney @MikeLamb1 It is out of our control, depending on who you take as the Supreme Authority of the Universe. Have you ever studied much in metaphysics? There is a logic to be followed that, a chain of events can be followed and determined down to an infinite level. That the catalyst is also the final determination. Personally I think we are experiencing a culmination of events between two groups of people, which can be considered the duality of man, good verses evil. (This doesn’t work if a person doesn’t believe in a Higher Authority such as God, but neither does it change one’s understanding or predictions such as myself..) I believe events from long ago have led us to where we are today, yet we have no control over them and never have. What we do have control over is being a piece of the puzzle, so-to-speak. We do as we understand by what lies within each one of us. In our case we are limited to simply playing such parts as being here now conversing over this very thing. Other people will feel the need to do other things in other ways, just like bees or ants of a hive or nest, each type and group and individual has certain tasks to do along its’ lifespan. And it is the same for the opposition. So don’t feel discouraged or limited in any way by what you do or can’t do. Just know it is part of a much larger plan that fills in one spot of the universe, which makes the whole. I have read that physicists have determined there is a type of agent or material that has properties so mysterious, they simply call it the glue of the universe, called “gluons”. This material seems to have telepathic abilities that causes everything, every molecule to fall in a particular place. It’s really heavy stuff, thinking. It has made many physicists believe there is such a thing as God because the mysteries of gluon compared to what it does cannot be understood, it being so far past the realms of science. Whatever happens, and I believe it is to our benefit and credit, there are Higher Powers that has predetermined the outcome and we are playing our parts in determining for our physical selves what this outcome will be. Just my .03 ct worth… We have no choice but to play our parts, even if we do nothing…. Michael– Deo Vindicabamur

January 26, 2013 at 7:36 am

rick abney

@MikeLamb1 Very provocative, very interesting. Basically, if we each just keep chugging along doing whatever we’re doing, destiny or God will continue toward it’s path which is probably already determined. I can tell you’ve thought that one out, and it makes a lot of sense. If you (or me) think backwards for a minute, where we are now is because the federal government (especially Lincoln et al) overthrew the constitution during the civil war. The seeds for that war were set during the constitutional convention, which was predermined by the Anglo-Saxons and Celts that settled and the slaves and on and on. I see where that goes. What about a person who just lays around all day, watches tv, eats, breathes, etc.? Say a person like Honey Boo Boo’s mother, what role does she or people like her play? Is your role or my role different or more meaningful or have more effect on an outcome further down the road?

Uh-oh, Mr. Dictator Obama!
Looks like you may have a war on your hands right here at home of you don’t stop your leftist power grabbing! The difference between your attempted takeover and all the other dictators in history…
we still have our guns!

@DavidKachel Right now we do. But what happens when swat teams are sent out randomly to pick up our guns? How many people are going to resist on an individual basis? There aren’t enough Randy Weavers and David Koreshs around. You know, whether you agree with their beliefs or not, they did resist the Federal Goliath.

January 23, 2013 at 9:53 am

zacncat

@rick abney @DavidKachel
You make a great point….But this is what HB 553 in TX is all about. We have to get our State to pass this type of Legistlation in order for our local law enforement to have a leg to stand on when and if the SWAT teams of the ATF come. We have to have the backing of our State Government willing to defend our Freedoms as individuals in order to have legitimate standing… or we will all end up like the people in Waco. Individuals have to have the backing and support of a government entity inorder to effectivly combat tyranny…..even if that means having to forma new goverment that will do it…. ie…the Confederate States, or the Republic of Texas…all legitamatly formed Governments. At this point the State of Texas will do….as long as they are willing to support and defend its citizenery againsta tyranical Federal Government.

January 23, 2013 at 10:37 am

MikeLamb1

@zacncat @rick abney @DavidKachel I’ve repeatedly tried to tell people any redress of grievances is hopeless at the Federal level and has been for decades. The best chance now is to fall back to your state level and push for them to take the appropriate actions there. Sadly I think the people are to dumbed down to know this and to react quickly enuff. Michael– Deo Vindicabamur

This is exactly what is supposed to happen…. Everyone needs to remember that the Militia is a function of the States, and a well armed Militia is the citizenery of each State…to protect its self from a Tyranical Federal Government. As I tell people…what part of “…shall not be infringed.” do they not understand?

“….Texas Our Texas all hale the mighty State…” or in the famous line from my ancestors…..

@rog363 I’m sorry, but I’ll go ahead and say it–Hey, maybe Hitler is what we need!

January 21, 2013 at 9:51 am

rog363

@rick abney @rog363 Don’t be sorry to say it Rick, we should both be thankful that we both still have the freedom to speak out about things that bother us because they are working to take that right away from us.

January 23, 2013 at 7:39 am

rick abney

@rog363 It’s just that Hitler is a buzzword that works up everybody and our controllers know that. Personally, if you do the research, the REAL research, he wasn’t doing anymore than our Presidents here have done over the years in the name of whatever cause. In particular, Jackson (with the Indians) Grant and Sherman (with the citizens, especially innocent women and children) and Roosevelt ( with the Japanese here in the U.S.) A charismatic,strong leader is the only thing that will save the culture here that created and built this country.

January 23, 2013 at 7:49 am

rog363

@rick abney @rog363 You are again right Rick, all presidents have done things that, at the time, they and the people thought was right. The past is what we are supposed to learn from, it is supposed to be studied so as allowing us the ability to not make the same mistakes again. We are supposed to learn from the past and not repeat what was found to be wrong

January 23, 2013 at 7:55 am

MikeLamb1

@rick abney @rog363 YUP I absolutely agree. Personally I know some old Germans from WWII, or did, and I know a few people from those surrounding countries whose parents lived through WWII. They have all said that Hitler wasn’t as bad as he has been portrayed as being. Some people from countries such as Lithuania have told me that Hitler was looked upon more as a liberator of their country and he enjoyed much wider support than we understand. Also said when they moved to the USA they had no choice other than to remain silent concerning such, else they knew they would receive public retaliation. Michael– Deo Vindicabamur

January 23, 2013 at 9:03 am

rick abney

@MikeLamb1 @rog363 Ya know, you got to be sort of puzzled when the imperial cheerleaders (like Larry the Cable Guy or Toby Keith) wail about America the free,etc. when if you speak out about things like the Germans, ww11 etc. or who really controls the media and other taboo such subjects you’re going to have to look out for the IRS, or the DEA, or the FBI, and so many others. They want tell you that you can’t talk about such things, but you’ll get the message and the media won’t be there. You’ll just keep hearing the glorious, ringing jingoes about how good it is here for us.

January 23, 2013 at 10:33 am

MikeLamb1

@rick abney @MikeLamb1 @rog363 Yup I fully expect such a visit. Good thing I try to keep my paperwork in good order, Comrade! Else the Gestapo may very well take me for further interrogation. otoh I don’t know if the country is gonna survive that long…..Michael– Deo Vindicabamur

There is a typo in the phrase: A person who is a public servant commits an offense if the person, while acting under ‘color’ of the person’s office… I believe the word should be ‘cover’, as it makes no sense as it is written. Perhaps I am wrong, but with the state of education as it is, a mistake of this nature is far from unusual.

@StephenLoneWolfCline it’s easier to fix on a state level than it is at a conglomeration like the U.S. beauracracy.

January 17, 2013 at 9:26 am

StephenLoneWolfCline

@rick abney @StephenLoneWolfCline
Working on it.

January 17, 2013 at 11:03 am

zacncat

@rick abney @StephenLoneWolfCline
The State level is where it is supposed to be fixed….The States are the only way to effectively defend the Constitution.

January 20, 2013 at 7:45 am

zacncat

@rick abney @StephenLoneWolfCline
I have watched the morning news shows this weekend…I foud no one one on the political center or right defending the 2nd Amendment. When asked about “armor piercing Bullets, multiple round magazines, etc… all you could here is stutters and and talking around the issue. Why can’t anyone speak to what the 2nd Amendment was created for and defend it for God sakes!!!!!

January 21, 2013 at 5:22 am

rick abney

@zacncat @StephenLoneWolfCline the talking points from the establishment political parties are that the 2nd amendment is for hunting and for self-protection meaning handguns that shoot maybe 6 times. The idea that the people would revolt on a regular basis to throw off tyrants was a belief that was expressed in the Federalists papers by the authors of the Constitution. THAT is what the 2nd is for. To protect us from THEM. That includes 30 round clips and more.

January 23, 2013 at 8:44 am

rick abney

@zacncat @StephenLoneWolfCline I’m sure you know that the “news” shows on television on the right or the left are completely choreographed productions. The so-called newscasters or announcers are simply overpaid, made-up talking mouthpieces for the media bosses located far away. Their political views are scripted and defined within a very narrow frame and the talking heads you get to see are not going to rock the boat and knock theirselves out of all those perks and ridiculous salaries. Even the polished up right wing spokesman Sean Hannity admits that. The only source that approaches the true issues is talk radio. Of limited value is Herman Cain (use to be Neal Boortz) and Rush Limbaugh, all of which are on WSB radio in Atlanta.

All this hub-bub by the president, the vice-president and certain radical senators and reps on the federal level just makes the remoteness of the federal government more obvious. Those people only are speaking to an elitist group in Hollywood, New York and inside the beltway of Washington, D.C. Each state, particularly southern states, need to promote and support people within our states to withdraw from the vile, evilness called the United States government. As the economy worsens, conditions become more Greece-like, it only makes more and more sense to control things on a local level. The distant government up there is becoming more and more out of touch. I’m surprised they even speak the same language.

It’s great, but we shouldn’t be using Facebook for any of the other major social networking sites to organize on these issues. Facebook recently deleted a whole bunch of personal pages of various activists with a focus on Second Amendment and 9/11 activists. Apparently they were just testing the waters because they restored those pages the next day after some protests. But they can cut us off at the knees just that easily and quickly whenever they decide to, and “resistance will be futile”. I forget which the major social networking sites was started partially with CIA funding but it was well-documented. I’m not making this up.

Unfortunately I don’t have an alternative to recommend except perhaps good old-fashioned connecting with people face-to-face, and sending checks to organizations across the country that you want to support. But I would be very surprised if alternatives did not exist or were not under active development by like-minded IT people.

@rivcopi There IS another “facebook-like” group that is organized FOR preserving our rights. Its called WorldTruth.org
You can join and help people organize or just go to find out what people are talking about.

I should like this argument taken to the next level. Following is an open letter I have sent to my Senators and Harry Reid. I would recommend everyone send a similar letter to their Senators;
There are several members of the Senate, specifically Sen. Feinstein of CA, who are, or are preparing to submit legislation solely designed to infringe upon American’s Rights to keep and bear arms, guaranteed by the Second Amendment. These bills are being submitted by Senators with the full knowledge that these bills are in violation of the Second Amendment. The bills are not intended to repeal the Second Amendment, they are designed to violate it.
Since the Constitution is intended to regulate these very people, their’s is an intentional violation of law and their actions MUST be penalized. Simply submitting a piece of legislation without having legitimately modified the Constitution is in my mind an act of treason. In any case it is contrary to the highest law of this land.
I recommend legislation be introduced that recognizes illegal submissions such as this and provides for a penalty of imprisonment, or in the very least ejection from the Senate.
Passing legislation which is essentially in violation of the Constitution will make the Senate complicit in commission of the highest crime in the country, and at the very least declare that this country no longer has laws. You would in a very real sense be creating an atmosphere of total lawlessness.